Locke Lord’s Ken Suh Quoted on BNSF’s BIPA Judgment in Recap Highlighting Illinois' Biggest Court Decisions of 2023

Chicago Locke Lord lawyer Ken Suh was quoted by Law360 in a recap highlighting the biggest court decisions thus far in 2023 and discusses the Illinois federal judge’s decision to vacate a $228 million fine against BNSF Railway in the first Biometric Information Privacy Act (BIPA) case to go before a jury. Suh explains the new trial will determine whether BNSF should have to pay damages and, if so, how steep they should be.

“No matter what the jury ultimately decides for BNSF, it's likely to be appealed, meaning there could soon be more appellate case law on the issue,” he said. “That's particularly notable given that other states are adopting or considering similar biometric privacy laws, with private rights of action, meaning the outcomes of these cases might have influence beyond Illinois.”

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